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Traditionally, the courts have been very reluctant to permit the use of necessity as a defence in civil or criminal cases. However, following the case of F v. West Berkshire Health Authority [1990] 2 A.C. 1 and up until the coming into force of the Mental Capacity Act 2005, the common law principle of necessity was extensively used in medical law to provide a lawful basis for the care and medical treatment of incapacitated adults without consent. This thesis examines why this was the case, and suggest that the answer may be found in the need to fill a “gap” in the law left by the ending of the parens patriae jurisdiction over incapacitated adults and in the development of the declaratory jurisdiction, enabling the courts to consider ex ante whether treatment is lawful and to exercise control over the application of the defence. It is suggested that judicial pragmatism, rather than legal principle lies behind this development and use of necessity This essentially historical study (although the impact that the Mental Capacity Act 2005 will have upon the justification of necessity is examined) critically considers what judicial pragmatism is, before examining the development of the declaratory jurisdiction and its role, together with the justification of necessity, in providing a substitute to the former parens patriae jurisdiction. The origins of and development of the defence and its use in medical law cases are critically scrutinised. It is suggested that the ‘principle’ of necessity developed in Re F is essentially a pragmatic, rather than a principled construct, and that ‘necessity’ in this medico-legal context is essentially a paradoxical concept, being a best interests defence rather than one of true necessity, with the test of best interests being sufficiently vague and broad to permit the courts to maintain an illusion of coherence and consistency whilst maximising flexibility.

The media are powerful agents of socialization in modern society influencing values, beliefs, and attitudes of the culture that produces them. Both the quantity and quality of Latino images in the media may reflect and reinforce the place of Latinos in United States society. This study examines how Latinos are portrayed in television entertainment programming by addressing two major research questions: 1) What is the extent of Latino recognition on prime-time television? and 2) What is the extent of respect accorded Latinos on prime-time television? A one-week sample of prime-time television programming airing on three networks yielded 47 programs and 807 characters for analysis. Using content analysis methodology, recognition is identified by examining the frequency and proportional representation of Latino television portrayals and respect is measured by examining the types and significance of these roles. The results indicate an overall lack of diversity on prime-time television with only 11 of the 47 programs analyzed reaching 50% or more of the maximum possible diversity in their racial and ethnic portrayals. Specifically, Latinos represent only 3% of primetime television characters, less than one-fourth of their proportion of the nation's population. Compared to non-Hispanic Whites, Blacks, and Asians, Latinos are the group least likely to occupy major roles in prime-time entertainment shows and represent only 1.9% of the total opening cast credits. Latinos are still presented stereotypically but are more often presented in a generic fashion with no reference to ethnic cultural experiences. The extent of recognition and respect accorded Latinos in prime-time television is severely limited, thus there is a need for continued research and dialogue regarding symbolic media images of Latinos. The findings have implications for social scientists interested in media forms and content as cultural artifacts, members of the television media industry responsible for program development and distribution, and college media educators responsible for training young media professionals.

Within the vast work that has been done on assisted suicide, this thesis examines how assisted suicide may be legalised in England and Wales if Parliament decides that is necessary in the future. The thesis takes as starting point the three eligibility criteria proposed by the Commission on Assisted Dying, a privately-funded Commission established in 2012 to review the status of the current law in England and Wales. The thesis focuses on the practical side of the assisted suicide debate, and hints that studying how legalisation could take place in the future may hinge on whether it can ever be realised in practice. In particular, the thesis suggests that if Parliament decides to legalise assisted suicide in England and Wales, it should adopt a medico-legal framework that will respect both the right to life (Article 2) and the right to self-determination (Article 8) and the state obligations arising from these, and attempt to strike a balance. Parliament will then respect the rights of those who choose death over life, and safeguard the lives of those who do not want to die but may be unduly influenced into assisted death. To achieve this balance, the criterion relating to the physical or mental condition of the individual (terminal illness or unbearable suffering) should be abandoned, and a robust approach to safeguards adopted. Individuals should be able to request an assisted death if they have mental capacity, if they make a voluntary and informed decision, and if the Family Division of the High Court approves the assisted death. This is a new proposal that should be considered as an option if, and when Parliament decides that the time is ripe for legalisation. The right to control the manner and timing of death is ‘the last human right’ to which individuals should have access.